Retreat Dates: February 7-12, 2023

Retreat Location: Moffat, Colorado

Retreat Venue: Joyful Journey Hot Springs, 28640 County Rd 58EE

Retreat Leads: Taylor Fisher, Heather Barron, Jacqueline Allen, Danielle Shelton, Ashley Dunasta

Participant Name: Provided upon completion of registration form 

Participant Address: Provided upon completion of registration form 

Participant Phone Number / Contact Info: Provided upon completion of registration form 

Emergency Contact Name, Relation, and Phone Number to be provided by Participant in advance of the Retreat.

 

• RECITALS

 

Contract Date: date upon which the Participant completes the Retreat registration form and thereby accepts these terms. 

 

This is an Agreement between the individual reading and affirming these terms (“the Participant”), and the Retreat Leads listed above (“the Retreat Host”) (altogether, “the parties”). 

 

The parties intend that the Retreat Host will provide a retreat experience as described below (“the Retreat” or “the Services”) and in exchange, the Participant will pay the Retreat Host a total price of four (4) payments of $747 totaling $2,988(“the Retreat Price”) if this Agreement is signed and a deposit paid on or before December 1st. The price may increase after that date. 

 

By registering for the Retreat and accepting these terms, the Participant affirms they have read this Agreement, fully understand its contents, and voluntarily agree to the terms and conditions included below.

 

 

• PAYMENT

 

 

Unless the parties have agreed to a separate payment plan, the Participant agrees to pay the Retreat Price above, on the schedule outlined on the payment page, with the full Retreat Price due no later than February 1, 2022. 

 

The Participant understands that unless the retreat is canceled by the Retreat Hosts, all payments are nonrefundable. The initial retainer serves to reserve a spot for the Participant at the Retreat, while subsequent payments serve to compensate the Retreat Host for time and expenses spent to prepare for the Participant’s participation in the Retreat, including booking services with third party vendors. 

 

The Participant’s spot is not guaranteed until the initial deposit is paid. In the event the Participant fails or refuses to pay for the Services provided, the Participant agrees that they will be responsible for all costs of collection of the Retreat Price, including but not limited to all litigation costs and attorney fees.

 

 

• AGREED RETREAT SERVICES

 

 

 

• What’s Included
  
  

 

The Retreat Host shall provide the Services described on the Soulpreneur Retreat website and promotional materials as part of the Retreat, including yoga classes, group coaching sessions, EMDR, astrology, acupuncture, and other Services as may be determined at the sole discretion of the Retreat Hosts. 

 

The Retreat includes accommodations for 5 nights and 4 days at Joyful Journey Hot Springs, access to the hot springs and grounds overlooking the Sangre de Cristos, and a basic breakfast, lunch, and dinner each day, including vegetarian, vegan, and gluten free options. 

 

 

• What is Not Included
  
  

 

The Participant understands that the following costs are not included as part of the Retreat Price and must be purchased separately by the Participant: 

• Travel and transportation costs, including ground or air transportation to and from the Retreat location, and any parking fees
• Activities beyond those described in the inclusions above, including costs associated with booking a massage, or other activities the Participant may choose to pursue during unscheduled or free time

 

Activities or items not included in the Retreat may be available to the Participant for a separate purchase, including one on one sessions that may be offered at the discretion of the Retreat Hosts, prices and details to be provided.

1. Changes to Itinerary and Use of Subcontractors

 

Retreat planning and implementation involves multiple parties and many moving pieces. The Retreat Host reserves the right and sole discretion to make changes to the itinerary and planned Retreat activities to accommodate unexpected circumstances related to weather, premises, accommodations and third party vendor availability, individual participant and group needs, and other factors. The Retreat Host will remain in open communication with Retreat participants regarding events and activities included and not included as part of the Services. 

 

The Retreat Host also reserves the right to use independent subcontractors to provide Services to the Participant and to implement the Retreat under this Agreement. 

 

 

• PARTICIPANT OBLIGATIONS

 

 

 

• Communication with the Retreat Host

 

 

To allow the Retreat Host to provide meaningful Services and to ensure a good fit, the Participant accepts responsibility for communicating their unique goals and objectives to the Retreat Host in advance of signing this Agreement and to respond to the Retreat Host’s requests for additional information within a timely manner. Information requested by the Retreat Host may include but is not limited to information related to the Participant’s past experience with Retreat activities, dietary or other restrictions or preferences, and other information that will assist the Retreat Host in planning a positive Retreat experience for all participants.  

 

If meals are included as part of the Retreat, the Participant accepts sole responsibility for communicating any allergies or other dietary restrictions to the Retreat Host in advance of signing this Agreement. 

 

If meals are provided as part of the Retreat, the Retreat Host strives to offer meal options that exclude common allergens. However, the Retreat Host cannot guarantee that any of the products it serves are allergen free. Ingredients may be processed or prepared in facilities that also process allergens including nuts, wheat, dairy, and shellfish. The Retreat Host will aim to accept requests to accommodate allergies or dietary preferences, but it may not be able to accommodate every participant’s individual dietary needs, in which case the Participant may be required to cover separate food costs. 

 

The Participant understands that while the Retreat Hosts may offer information and support to facilitate orientation before the Retreat and integration of what is discovered there after the Retreat is complete, the Retreat Host is not obligated under this Agreement to provide personalized support or to communicate with the Participant outside of the Retreat experience.

 

 

• Voluntary Participation & Consent to Retreat Activities

 

 

As part of the Retreat, the Retreat Host will provide information, tools, and opportunities related to the intention of the Retreat and to serve the Participant’s Retreat goals. The Participant understands, however, that their participation in any activity provided or suggested by the Retreat Host is at all times voluntary. The Participant accepts sole responsibility for their own physical and mental health, as well as their willingness and ability to participate in the Retreat. 

 

For an optimum Retreat experience, the Participant agrees to do their best to participate fully in activities related to the Services, including by attending events and gatherings planned as part of the Retreat, being in clear communication with the Retreat Host, and participating in Retreat activities to the best of their ability. The Participant also understands that not all activities included in the Services are compatible for all levels of physical ability or comfort level. The Retreat Host prioritizes making participants comfortable and the Participant agrees to speak up if they feel uncomfortable with any particular activities or suggestions included in the Services.

 

• Adequate Packing and Preparation for Retreat Activities

 

 

The Participant accepts sole responsibility for bringing adequate materials to participate in planned Retreat activities, including clothing and footwear, personal hygiene supplies, water bottle, sun and rain protection, and other necessities for a positive Retreat experience. 

 

The Retreat Host recommends all participants to bring the following items to the Retreat: 

• Swimming suit
• Comfortable, warm clothing
• Yoga mat
• Water bottle 
• Sunscreen, hat, and other sun protection
• Hiking boots and rain gear

 

The above materials will not be provided by the Retreat Host and may not be available once the Retreat has begun. 

 

 

• Insurance Coverage

 

 

Given the inherent risks associated with travel and special event attendance, described in greater detail below, the Retreat Host recommends that the Participant purchase and carry personal health insurance, travel insurance, and property insurance to cover any valuable property the Participant intends to bring with them to the Retreat. 

 

 

• Confidentiality

 

 

The Retreat Host will respect the Participant’s privacy and will not share any sensitive information the Participant shares as part of Retreat sign-up or activities. The Participant agrees to respect other Retreat participants’ right to privacy and confidentiality as well, by not sharing any confidential or sensitive information that may be shared by other participants in the course of group sessions, workshops, or discussions.

The Participant is invited to take personal photographs during the Retreat to document and share about their experience. However, the Retreat Participant agrees not to record video or audio of any portion of the Retreat without the Retreat Host’s express written permission. 

 

• Model Release

 

 

The Participant understands that the Retreat Host may photograph, video, or otherwise record Retreat activities and use such photographs and videos for marketing purposes. By entering into this Agreement, the Participant hereby consents to the use of the Participant’s image that may appear in any such photographs or videos, and grants the Retreat Host the right to use such images for any purpose, including advertising, without restriction. The Participant waives any right to compensation and to approve the images, their use, or any text that may be created and appear in connection with the images. 

 

This release is binding on the Participant and on the Participant’s heirs and assigns.

 

 

• Lawful and Respectful Conduct

 

 

The Participant agrees to abide by all applicable laws and regulations at all times.

 

The Participant also agrees to respect themselves, the Retreat Host and its representatives, and other Retreat partners and participants, and to conduct themselves accordingly at all times, including by abiding by group norms, ground rules, and other reasonable terms of participation imposed by the Retreat Host before or during the Retreat. 

 

If the Retreat Host or any participant or partner experiences any inappropriate, threatening, hostile, or offensive behavior from the Participant, the Retreat Host will remind the Participant of this provision and may ask the Participant not to participate in certain portions of the Retreat. If the behavior is severe or ongoing, the Retreat Host will terminate Services immediately, the Participant will be required to leave the Retreat, the Participant will not be entitled to a refund, and the Participant will hold the Retreat Host harmless for incomplete services. 

 

 

• Quiet Hours

 

 

The Participant agrees to respect scheduled quiet hours between 10 pm and 7 am. During this time, the Participant agrees to end any loud conversations or noise-making activities in common spaces, or to take them to a space where the Participant will not be heard by other participants or guests. 

 

 

• Alcohol

 

 

To preserve the integrity of the Retreat experience, the Participant understands and agrees not to consume alcoholic beverages or other mind altering substances during the Retreat. 

 

 

• Special Policies Related to COVID-19

 

 

The Participant agrees to notify the Retreat Host and not to attend the Retreat if public health standards direct the Participant’s self-isolation due to testing positive for COVID-19, experiencing COVID-19 symptoms, or exposure or probable exposure to COVID-19 at the time of the Retreat. The Retreat Host retains the right to end Services immediately upon learning that the Participant is present at the Retreat and has recently tested positive for COVID-19, is presumed positive or awaiting test results for COVID-19, or is displaying symptoms of COVID-19. In the event the Retreat Host ends Services early under the terms of this clause, the Participant will not be entitled to a refund, and the Participant will hold the Retreat Host harmless for incomplete services.

 

 

• DISCLAIMERS
  
  

 

1. Nature of Services

 

The Participant understands and agrees that the Retreat Host provides information and support related to healthy boundaries and burnout prevention and recovery, only. The Retreat Host is not and does not represent itself or any of its representatives to be practicing during the Retreat as a therapist, doctor, or other professionally-licensed service provider. Although the Retreat Host may seek to support the Participant’s well-being as part of the Retreat, Services provided under this Agreement are NOT a replacement for professional therapy or medical support.

Likewise, while the Retreat Host may provide recommendations and suggestions related to the Participant’s physical health, such as information about nutrition, diet, yoga instruction, processing and reflection, EMDR, and movement exercises, these recommendations should not be taken as personalized medical or therapeutic diagnoses, prescriptions, treatments, or advice. 

The Participant agrees to consult with a medical professional before participating in any Services or recommendations related to the Participant’s physical or mental health. The Participant represents and warrants that they have no medical condition that would prevent them from safely participating in the Retreat.  

1. No Guarantee

 

The Participant understands and accepts that the Retreat Host has planned the Retreat by applying its expertise and training to support the generalized needs of participants, and that the Services provided under this Agreement are inherently subjective. The Retreat Host will use reasonable efforts to support the Participant in achieving their goals and expected experience through the Retreat, but the Retreat Host cannot guarantee that any particular content, style, or technique of Services will be used with the Participant as part of this Retreat. 

Likewise, the Participant understands and accepts that the Retreat Host cannot guarantee any particular result or outcome from the Particicipant’s attendance and participation in the Retreat, nor the Participant’s application of tools or information learned from the Retreat Host or through the Retreat to their own lives. Due to the subjective nature of retreat planning, the Retreat Host cannot offer refunds solely on the basis of the Participant’s dissatisfaction as to the process or result of Services provided under this Agreement.

 

 

• CANCELLATION POLICY

 

 

1. The Participant’s retainer payment serves to reserve the Participant’s space in the Retreat and is thus nonrefundable and not transferable in case of cancellation. The Participant understands that canceling their reservation damages the Retreat Host as the Retreat Host relies on the Participant’s reservation to make other business and scheduling decisions, including booking services from third parties and turning away other potential attendees. 

 

1. If the Participant notifies the Retreat Host of their intent not to attend the Retreat more than 65 days before the Retreat start date, the Participant agrees to pay the Retreat Host 50% of the Retreat Price.
   
   
2. If the Participant chooses to leave the Retreat before Services are complete or notifies the Retreat Host of their intent to cancel this Agreement with less than 30 days notice before the Retreat begins, the Participant agrees to pay the Retreat Price in full. Cancellation on short notice makes it unlikely that the Retreat Host will be able to rebook the Participant’s spot on the Retreat and recover expenses already made to Retreat vendors and partners, and as such the Participant’s payments will serve as liquidated damages.
   
   
3. Finally, the Participant understands that the Retreat Host must book a certain number of participants in order to provide Services under this Agreement and that a variety of factors impact the Retreat Host’s ability to implement planned Services. Thus, the Retreat Host is entitled to cancel this Agreement at any time and for any reason. If the Retreat Host chooses to cancel the Retreat under this provision, the Participant will be entitled to a full refund of the Retreat Price, only. The Participant will not be entitled to damages for travel expenses or other costs incurred to attend the Retreat in case of a Retreat Host-initiated cancellation.

 

 

• INTELLECTUAL PROPERTY

 

 

If the Retreat Host provides written or recorded materials to the Participant before, during, or after the Retreat, the Participant understands that such materials are provided for the Participant’s personal use, only. Unless separately agreed, the Retreat Price does not include the right to record, share, or otherwise distribute materials provided as part of the Services. The Retreat Host will at all times maintain ownership of materials it has developed and makes available for the Participant’s personal use. 

 

The Retreat Host also retains the right to use or display materials created for the Participant in the Retreat Host’s portfolio of work, future retreat services, and in the marketing, advertising, or promotion of the Retreat Host’s business. If for any reason the Participant does not feel comfortable with having their custom work included in the Retreat Host’s portfolio of work, it is the Participant’s duty to notify the Retreat Host prior to signing this Agreement.

The Retreat Host may include in the materials provided to the Participant under this Agreement pre-existing work or materials owned by or licensed to the Retreat Host. If the Retreat Host includes such work in materials provided to the Participant, such inclusion by the Retreat Host shall constitute a license for the Participant to use and distribute such materials in a non-commercial setting, only. 

 

 

• RELEASE OF LIABILITY
  
  

 

1. Acknowledgement of Risks

 

The Participant understand that attendees of any retreat or special event are at some risk of injury, including but not limited to:

• Risks resulting from the inherent dangers of travel and participation in group activities, including those arising as a result of tripping and falling; exposure to outdoor conditions such as weather, wildlife, dangerous terrain; accidents; injuries resulting from the Retreat and/or accommodations premises such as dehydration or fatigue resulting from exposure to hot springs; or otherwise being injured as a result of traveling to and/or participating in the Retreat.
  
  
• Risks involved in particular activities included or suggested as part of the Retreat, including activities related to yoga, hiking, outdoor activities; massage or body work, or other activities that involve potentially strenuous physical movement, physical touch, or exposure to the elements. The Participant understands that these accidental injuries may include the cause or aggravation of physical injury or even death.
  
  
• Risks related to food ingestion, including allergic reactions, choking, indigestion, food poisoning, or other adverse reactions to meals consumed during the Retreat. 
  
  
• Risks to the Participant’s personal property, including but not limited to property loss, damage, or theft that may occur during the Participant’s travel to and from the Retreat, stay in accommodations, and participation in the Services.
  
  
• Increased risk of disease transmission related to social interaction and travel during the COVID-19 outbreak.
  
  
• Risks resulting from sharing sensitive information and personal space with other Retreat participants.
  
  
• Risks resulting from following the advice or suggestions of the Retreat Host. 

 

By signing this Agreement, the Participant affirms that they are fully aware of the risks and hazards involved in participating in the Retreat. The Participant accepts these risks. 

 

1. Release of Liability

 

The Participant exempts and releases the Retreat Host, its owners, officers, agents, employees, and contractors from any and all liability, claims, demands or actions or causes of action whatsoever arising out of any damage, loss, or injury to the Participant or the Participant’s property while participating in any of the Services contemplated by this Agreement, whether such loss, damage, or injury results from the negligence of the Retreat Host, its owners, officers, agents, employees, or contractors, or from some other cause. 

The Participant explicitly releases the Retreat Host from any liability associated with COVID-19 transmission, participation in physical activities as part of the Retreat, and travel generally. 

 

• LIQUIDATED DAMAGES

 

 

In no event shall either party have any liability to the other party for any lost profits, loss of use, business interruption, physical or emotional injuries, costs of procurement of substitute goods or services, or for any special, incidental, multiple, exemplary, punitive, or consequential damages, however caused, whether in contract, tort or under any other theory of liability, and whether or not the party has been advised of the possibility of such damage.

The parties agree that it is difficult to predict the amount of actual damages that result from a breach of this Agreement, which could affect the other party in a variety of ways. As such, the parties agree that in no event shall a party's liability to the other exceed the Retreat Price.

 

• FORCE MAJEURE

 

 

In the event a force majeure occurrence makes it impossible or impracticable for the Retreat to take place, the parties agree to make a good faith effort to reschedule the Retreat. Should it be impossible to reschedule the Retreat, all payments remain nonrefundable, compensating the Retreat Host for losses associated with planning and preparing for the Retreat, including reservations, vendor payments, and other expenses incurred. 

 

Should a force majeure event make it impractical or impossible for the Retreat Host or its subcontractors to attend the Retreat but the Retreat can otherwise go on unaffected, the Retreat Host shall refund the Participant’s payments, less any nonrefundable expenses that the Retreat Host incurred to provide Services to the Participant prior to receiving notice of the force majeure event.

Force majeure events include, but are not limited to: (a) acts of God; (b) flood, fire, earthquake, avalanche, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) government order or law; (e) action by any governmental authority; and (f) national or regional emergency.

 

 

• GOVERNING LAW AND DISPUTE RESOLUTION

 

 

This Agreement is governed and construed in accordance with the laws of the State of Colorado (without regard to its conflict of law provisions). 

 

If any provision of this Agreement is held invalid, illegal or unenforceable, it shall not affect the enforceability of any other provision of this Agreement.  

 

Should mediation fail, any legal action with respect to this Contract must be brought in the courts located in Chaffee County, Colorado  or the US District Court for the District of Colorado.